United States District Court, M.D. Georgia, Macon Division
T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT
December 13, 2018, a bench trial was held to resolve the
claims brought by Plaintiff Johnny Moore against Defendant
Harrod's Pallet Company, LLC. Doc. 29. Because the
Defendant failed to appear at the trial, only Moore presented
his case. Id. At the conclusion of Moore's case,
the Court ordered Moore to file proposed findings of fact and
conclusions of law and a motion for attorney's fees.
Id. Moore complied. Doc. 32. For the following
reasons, judgment is entered in favor of Moore, and his
motion for attorney's fees (Doc. 32) is
February 28, 2017, Moore filed his complaint against his
previous employer, Defendant Harrod's Pallet Company,
alleging that the Defendant fired him because of his age in
violation of Title VII of the Civil Rights Act of 1964. Doc.
1. The summons to the Defendant was returned executed on
March 20. Doc. 4. The Defendant failed to plead or otherwise
defend against the suit. Moore filed a motion for entry of
default, which was granted by the Clerk of Court, and
proceeded to file a motion for default judgment. Docs. 5; 6.
The Court denied his motion for default judgment for failing
to allege a violation of the Age Discrimination in Employment
Act of 1967 and ordered Moore to show cause as to why his
case should not be dismissed for failure to state a claim
upon which relief could be granted. Docs. 7; 8.
5, 2017, Moore filed his response and a motion to amend his
complaint, which the Court granted. Docs. 11; 12; 13. After
filing his complaint alleging a violation of the ADEA, rather
than the Civil Rights Act, Moore served the Defendant. Docs.
14; 15; 16. The Defendant, again, failed to plead or
otherwise defend against the suit.
Moore's request, the Court convened a bench trial on
December 13, 2018. Doc. 29. Only Moore appeared and presented
evidence. Id. At the conclusion of the trial, the
Court did not issue a judgment and ordered Moore's
counsel to submit proposed findings of fact and conclusions
of law pursuant to Rule 52 of the Federal Rules of Civil
Procedure. Id. Moore's counsel complied. Doc.
FINDINGS OF FACT
Court makes the following findings of fact based on
Moore's evidence presented at trial:
1. Moore was hired by the Defendant in February 2016 as a
lumber inspector. Doc. 31 at 4:24-5:3, 5:14-21.
2. Moore was sixty-six years old when he was hired by the
Defendant. Id. at 5:4-6.
3. The Defendant manufactured pallets from raw lumber and
shipped those pallets in and out of the State of Georgia.
Id. at 5:7-13.
4. The Defendant employed between forty and sixty people.
Id. at 5:24-6:1.
5. Moore was paid $8.00 per hour while working for the
Defendant. Id. at 6:2-4.
6. Moore never received any disciplinary or performance
warnings from the Defendant while employed by the ...